20130918 Ver 11_USACE Permit_20190528

Carpenter, Kristi
From:
Bailey, David E CIV USARMY CESAW (USA)
<[e-mail]>
Sent:
Tuesday, May 28, 2019 9:58 AM
To:
Cheely, Erin K
Cc:
Norton, April R; Parker, Jerry A
Subject:
[External] 2005-21386 Permit Modification 10.pdf
(UNCLASSIFIED)
Attachments:
2005-21386 Permit Modification 10.pdf
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CLASSIFICATION: UNCLASSIFIED
Hi Erin. I've attached our approved permit modification to the above referenced project
per your request. Hard copies are being sent in the mail. Please let me know if you have
any questions.
-Dave Bailey
CLASSIFICATION: UNCLASSIFIED
1

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
May 28, 2019
Action ID: SAW-2005-21386
Mr. Philip S. Harris III, P.E., C.P.M.
Natural Environment Section Head
North Carolina Department of Transportation
Division of Highways
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Dear Mr. Harris:
Reference the Department of the Army (DA) permit issued on April 15, 2014, to Ms.
Deborah Barbour of the North Carolina Department of Transportation, for impacts associated
with the project identified as U-252513C. The project is a 9.7 mile, four-lane/six-lane divided
facility on new location extending from the US 70 relocation to SR 2303 (Lawndale Drive) in
Greensboro, Guilford County, North Carolina. Section B of this project begins at the US 70
relocation and terminates at US 29, and Section C begins at US 29 and ends at SR 2303
(Lawndale Drive). Coordinates (in decimal degrees) for the site are: 36.089772' North,
-79.697302' West for the eastern terminus and 36.141773' North,-79.825120' West for the
western terminus.
The site contains portions of four (4) unnamed tributaries to South Buffalo Creek, twenty
(20) unnamed tributaries to North Buffalo Creek, five (5) unnamed tributaries to an unnamed
tributary at Camp Herman, fourteen (14) unnamed tributaries to Reedy Fork, a portion of
Richland Creek, and ten (10) unnamed tributaries to Richland Creek, as well as 50 (50) adjacent
wetland areas and five (5) open water ponds in the Cape Fear River Basin (8-Digit Cataloging
Unit 03030002).
Impacts authorized by the permit (including U-2525C conceptual impacts) as well as
subsequent permit modifications dated June 18, 2014, October 31, 2014, December 4, 2014,
March 12, 2015, July 24, 2015, and March, 18, 2016 included: 1) the permanent placement of fill
material into 23,467 linear feet of jurisdictional stream channel, 9.95 acres of adjacent riparian
wetlands, and 2.32 acres of jurisdictional open waters and, 2) the temporary placement of fill
material into 785 linear feet of jurisdictional stream channel and 0.31 acre of adjacent riparian
wetlands associated with construction access and the relocation of utility lines.

IPA
In addition, permit modifications dated August 11, 2016, December 19, 2016, and November
28, 2017 released U-2525C Permit Sites 1-4, 4A, 5-9, 9A, 10, 10A, 11-13, 13A and B, 14, 15,
15A, 16, 17, 17A, 18, 18A, 19, 19A, and 20-23 for construction, including 1) the permanent
placement of fill material into 12,238 linear feet of jurisdictional stream channel, 2.96 acres of
adjacent riparian wetlands, and 1.52 acres of open water, and 2) the temporary placement of fill
material into 1,059 linear feet of jurisdictional stream channel and 0.03 acre of adjacent riparian
wetlands associated with construction access. Compensatory mitigation was implemented for the
unavoidable impacts by payment into the North Carolina Ecosystem Enhancement Program, now
known as the North Carolina Division of Mitigation Services (NCDMS), as well as permittee
responsible mitigation referenced in the permit special conditions.
Also reference your permit modification request letter dated May 1, 2019, and revised
information sent via email on May 24, 2019, proposing the following:
1) At U-2525C Permit Site 20, authorization of permanent discharge of fill material into
an additional 11 total linear feet of stream channel,
a. Placing 26 additional linear feet of stream channel in a culvert resulting in
permanent loss of waters;
b. Reducing the rip rap bank stabilization by 15 linear feet of stream channel;
2) The extension of the time limit to complete the authorized activities per General
Condition "1", from December 31, 2019, to December 31, 2023.
The additional stream impacts proposed are a result of errors in the original fill line drawing
on the previously authorized plan sheet, rather than a change in design or fill slope steepness.
Following evaluation of the information submitted in your modification request, the U.S. Army
Corps of Engineers, Wilmington District has determined that it is appropriate and reasonable and
not contrary to the public interest, and no public notice is required for this modification.
Therefore, the permit is modified as described in the May 1, 2019 permit modification request
letter, including the requested additional stream impacts and time extension. This work must be
constructed as follows:
1) for U-2525C Permit Site 20, as shown on the Wetland and Stream Impacts drawings
for U-2525C (Permit Drawing Sheets 57A and 70) submitted in the revised
information sent via email on May 24, 2019;
General Condition "1" of your permit is hereby modified to read:
"The time Limit for completing the work authorized ends on December 31, 2023. If you
find that you need more time to complete the authorized activity, submit your request for
a time extension to this office for consideration at least one month before the above date
is reached."

-3-
In addition, the following special conditions regarding additional compensatory mitigation
have been incorporated:
x) In order to compensate for impacts associated with this permit, mitigation shall be
provided in accordance with the provisions outlined on the most recent version of the attached
Compensatory Mitigation Responsibility Transfer Form. The requirements of this form,
including any special conditions listed on this form, are hereby incorporated as special conditions
of this permit authorization.
All other conditions of the permit and subsequent modifications remain in effect as written.
The U-2525BC project now totals permanent impacts to 23,070 linear feet of jurisdictional
stream channel, 10.37 acres of adjacent riparian wetlands, and 2.14 acre of open water ponds,
and 2) the temporary placement of fill material into 1,844 linear feet of jurisdictional stream
channel and 0.34 acre of adjacent riparian wetlands, and 3) indirect impacts to 751 linear feet of
stream channel. Should you have questions, contact Mr. David E. Bailey, Raleigh Regulatory
Field Office at telephone [phone], Extension 30.
FOR THE COMMANDER:
I
Robert J. Clark
Colonel, U.S. Army
District Commander
Copies Furnished with Attachment:
Ms. April Norton
Transportation Permitting Unit
Division of Water Resources
North Carolina Department of
Environment and Natural Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Mr. Jerry Parker
Division Environmental Supervisor, Division 7
North Carolina Department of Transportation
Post Office Box 14996
Greensboro, North Carolina 27415

Copies Furnished without Attachment:
Ms. Erin Cheely
North Carolina Department of Transportation
Division of Highways
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
Mr. Chris Werner, P.E.
Technical Services Administrator
North Carolina Department of Transportation
1516 Mail Service Center
Raleigh, North Carolina 27699-1516
U.S. Fish and Wildlife Services
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 28516
Mr. Chris Militscher
U.S. Environmental Protection Agency
Region 4 NEPA Program Office
61 Forsyth Street, Southwest
Mail Code: 9T25
Atlanta, Georgia 30303-8960
Mr. Travis Wilson
North Carolina Wildlife Resources Commission
1718 Hwy 56 West
Creedmoor, North Carolina 27522

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitigation Responsibility Transfer Form
Permittee: North Carolina Department of Transportation Action ID: SAW-2005-21386
Project Name: NCDOT/U-2525 B and C/Division 7 County: Guilford
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure
that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this
form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be
used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one
8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor
and/or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank
ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and
the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements
Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Impacts (linear feet)
I Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
I Non -Riparian
Coastal
20,797
10.36
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030002, Cape Fear River Basin
Stream Mitigation (credits)
I Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
37,490.5
20.7
Mitigation Site Debited: North Carolina Division of Mitigation Services (NCDMS)
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor
Name of Sponsor's Authorized
of Sponsor's Authorized Representative Date of
Page 1 of 2 Form Updated 14 September, 2017

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after
the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted
responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North
Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit
issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the
Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative
records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE
Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance
and a new version of this form must be completed and included in the USACE administrative records for both the permit
and the Bank/ILF Instrument.
Comments/Additional Conditions:
• This Form supersedes the Compensatory Mitigation Responsibility Transfer Forms dated April 14, 2014, October
31, 2014, December 4, 2014, July 23, 2015, and November 28, 2017 that were included as part of the DA Permit
dated April 15, 2014 andsubsequentPermit Modifications.
• This modification results in a net INCREASE in the number of stream credits required (52 additional), with no
change in the number of wetland credits required, relative to the most recent Permit Modification (dated
November 28, 2017),
• Additional on -site mitigation was required by special permit condition included in the original DA Permit dated
April 15, 2014. This requirement has not changed as a result of this modification.
This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to:1) the Permittee, 2) the USACE
Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 3331 Heritage
Trade Drive, Suite 105, Wake Forest, NC 27587 (email., [e-mail]). Questions regarding this form or
any of the permit conditions may be directed to the USACE Project Manager below.
USACE Project Manager: David Bailey
USACE Field Office: Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Email: [e-mail]
L% May 28 2019
USACE Project Manager Signature Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.armv.mil.
Page 2 of 2
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the
Customer Satisfaction Survey located at our website at http://regulatory.usacesu"ev.comm to complete the survey online.

Dow Sign Envelope ID: 4E032FF4-C487498F-BB35-1327EF839CEE

*Rounded totals are sum of actual impacts
Totals on this sheet include the summed amounts from previous sheet
NOTES:
NC DEPARTMENT OF TRANSPORTATION
Previously Permitted 0.508 0.044 0.062 DIVISION OF HIGHWAYS
New Impacts 1.939 0.154 0.254 10/23/2017
TOTAL IMPACTS 2.447 0.198 0.316 Guilford County
U-2525C
Revised 2016 os os SHEET 70 OF 70
WETLAND AND SURACE WATER IMPACTS SUMMARY
WETLAND IMPACTS SURFACE WATER IMPACTS
Site
No.
Station
(From/To)
Structure
Size /Type
Permanent
Fill In
Wetlands
(ac)
Temp.
Fill In
Wetlands
(ac)
Excavation
in
Wetlands
(ac)
Mechanized
Clearing
in Wetlands
(ac)
Hand
Clearing
in
Wetlands
(ac)
Permanent
SW
impacts
(ac)
Temp.
SW
impacts
(ac)
Existing
Channel
Impacts
Permanent
(ft)
Existing
Channel
Impacts
Temp.
(ft)
Natural
Stream
Design
(ft)
14
415+71/418+52 (L)
Bank Stabilization
< 0.01
71
15
429+04/431+89 (L)
1@8'x8' RCBC
0.60
0.04
0.03
0.08
0.01
518
88
15A
429+08/431+25 (L)
Roadway
0.02
< 0.01
169
57
16
439+20/442+23 (L)
Roadway
< 0.01
0.01
0.01
46
16
439+20/442+23 (L)
Pond
0.93
17
463+00/470+25 (L)
72" conc.
0.05
< 0.01
410
51
17
465+74/466+06 (L)
Bank Stabilization
< 0.01
26
17A
462+70/463+24
Temp Impacts
< 0.01
56
18
16+16/21+69 (Y6)
Roadway
0.05
< 0.01
551
15
18A
14+36/14+72 (Y6)
Roadway
< 0.01
< 0.01
80
10
19
469+29/473+17 (L)
1 @8'x8', 1 @8'x8', 2@72" EXT
0.12
0.02
775
150
19
473+05/473+17 (L)
Bank Stabilization
< 0.01
40
19
472+77/473+38 (L)
Loss of Function
0.02
183
19A
32+24/33+21 (Y6)
dual 60" conc.
0.03
0.01
61
21
19A
32+92/33+13 (Y6)
Bank Stabilization
< 0.01
32
20
481+94/486+19 (L)
Roadway
0.07
< 0.01
616
18
20
481+94/486+19 (L)
Bank Stabilization
< 0.01
15
21
491+15/494+96 (L)
3@11'x11' RCBC
0.11
0.05
0.10
0.19
0.04
632
78
22
505+06/510+10 (L)
Roadway
0.02
0.08
< 0.01
745
3
22
505+06/505+11 (L)
Bank Stabilization
< 0.01
10
23
527+89/531+24 (L)
Roadway
0.02
0.01
0.04
< 0.01
424
47
23
530+94/531+11 (L)
Bank Stabilization
< 0.01
19
Total impacts from previously permitted sites (1,2,3,11, & 12)
0.51
0.04
0.06
0.12
0.01
777
30
Total new impacts
1.94
0.15
0.25
3.02
0.17
12219
956
TOTAL IMPACTS FOR U-2525C*:
2.45
0.20
0.32
3.14
0.18
12996
986